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BADAWI AND AL NAZIR v. ITALY

Doc ref: 33999/96 • ECHR ID: 001-3803

Document date: June 30, 1997

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BADAWI AND AL NAZIR v. ITALY

Doc ref: 33999/96 • ECHR ID: 001-3803

Document date: June 30, 1997

Cited paragraphs only

Application No. 33999/96

by Mohamed BADAWI and Tareq AL NAZIR

against Italy

The European Commission of Human Rights sitting in private on

30 June 1997, the following members being present:

Mr. S. TRECHSEL, President

Mrs. G.H. THUNE

Mrs. J. LIDDY

MM. E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

C.L. ROZAKIS

L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

E. BIELIUNAS

E.A. ALKEMA

M. VILA AMIGÓ

Mrs. M. HION

MM. R. NICOLINI

A. ARABADJIEV

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 28 November 1996

by Mohamed BADAWI and Tareq AL NAZIR against Italy and registered on

28 November 1996 under file No. 33999/96 ;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicants are nationals of the Sudan, where they were both

practising lawyers. Before the Commission, they were represented by Ms

Nuala Mole of the Aire Centre of London.

The applicants are registered active members of the Democratic

Unionist Party (D.U.P.) of the Sudan, whose political activities have

been banned by the regime.

The first applicant alleges that he was arrested in the Sudan by

the Sudanese Secret Police on 1 November 1994 and was taken to a prison

for about seven months until he was released on 5 May 1995. After being

released, he continued his activities with the D.U.P. and as a result

he was arrested again on the night of 21 October 1995 and taken to a

special prison, where he remained until 6 April 1996. As a result of

resuming his political activity, he was once more arrested and later

released. At no time were any charges brought against him nor was any

due process of law applied.

The applicants arrived in Italy on 3 October 1996 and in the

United Kingdom on 7 October 1996, and made an asylum application in the

latter country; the Secretary of State for the Home Office refused

their applications and decided to send them back to Italy on the ground

that the latter can be considered as a safe third country. On 10

October 1996 the applicants were granted legal aid to appeal to a

Special Adjudicator. The relevant proceedings are currently pending.

The first applicant was sent back to Italy (Rome) on 5 November

1996 and did not make any application for asylum there.

On 15 November 1996 he was stopped by the Rome police and it was

found that his documents were not in order. By a decree issued by the

Prefect of the Province of Rome on the same day, his expulsion from

Italy was ordered.

The Rome police were charged to carry out the expulsion order by

summoning the applicant to leave the Italian territory crossing the

border at Rome Fiumicino within fifteen days of the date of service or

of full understanding of the decree. The applicant was notified of the

expulsion order and of a translation into English thereof on 15

November 1996.

The applicant was then allegedly detained awaiting expulsion to

be carried out on 29 November 1996. He was later released.

There is no document concerning the second applicant, who was

allegedly stopped by the Italian police in Naples, notified of the

expulsion order and subsequently detained awaiting expulsion.

COMPLAINTS

The applicants complained under Article 3 of the Convention about

their imminent expulsion from Italy ; they alleged that they risk

torture and inhuman and degrading treatment in the Sudan as they have

been politically active against the Sudanese Government. They also

complained under Article 13 of the Convention that they do not have any

effective remedy at their disposal.

PROCEEDINGS BEFORE THE COMMISSION

On 28 November 1996 the applicants requested the Commission to

apply Rule 36 of the Commission's Rules of Procedure. However, they

could not submit any document supporting their allegations.

On the same day the President of the Commission decided to apply

Rule 36 of the Commission's Rules of Procedure until the end of the

Commission's session, in order to give the applicants the possibility

of providing the necessary documents. The application was registered

under No. 33999/96.

On 2 December 1996 the Italian Government gave the Secretariat

of the Commission an undertaking not to deport the applicants pending

the Commission's decision.

On 6 December 1996 the Commission decided not to prolong the

application of Rule 36.

By a telefax of the same day, the applicants' representative

withdrew from this case on the ground that she had lost contact with

her clients.

REASONS FOR THE DECISION

The Commission recalls that the applicants, after the

Commission's decision not to prolong the application of Rule 36 in the

present case, have lost contact with their representative, who has

therefore withdrawn from the case. Nor have the applicants thereafter

contacted the Commission directly.

In these circumstances, the Commission finds that, having regard

to Article 30 para. 1 (a) of the Convention, the applicants have lost

interest in their application and no longer intend to pursue it before

the Commission. Furthermore, in accordance with Article 30 para. 1 in

fine, the Commission finds no special circumstances regarding respect

for human rights as defined in the Convention which require the

continuation of the examination of the present application.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.

H.C. KRÜGER S. TRECHSEL

Secretary President

to the Commission of the Commission

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